Legal Question in Family Law in Texas

Divorce

Me and my spouse were married and then divorce after 14 years. We had a divorce agreement in which my son will be with her for a year and with me for a year, and so on. Child support was $300.00 a month. We remarried, and now are getting divorce again and her lawyer told her that the divorce agreement we had last time won't count during this divorce, well, part of it. She said that because the divorce agreement is not giving me half of her retirement (she's in the Army) that it still stands for this divorce, including savings and investements. My question is, why certain things stand from the last divorce agreement, while others don't.


Asked on 5/12/08, 12:47 pm

1 Answer from Attorneys

Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Divorce

Just because you and she remarried it doesn't make the previous property division go away. If she had married someone else, he wouldn't have a claim to anything that belonged to her before the date of that marriage and neither do you. As for your son, in effect, your remarriage terminated the custody and support portion of your decree. Now that you are divorcing again, you need new custody and support provisions.

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Answered on 5/13/08, 3:02 pm


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